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Memo- Moratiorium For Removing Single Family Homes , . MEMO To: City Council and Zoning and Planning Commission From: Nancy Anderson Date: February 18,2000 Subject: Moratorium for removing single family homes , I. INTRODUCTION. In December of 1998, the City Council approved an interim moratorium restricting the demolition and removal of single family residential structures within one-and two-family zoned districts. This moratorium was implemented because of a concern that institutional uses in residential districts can remove single-family homes as part of an expansion to their use with little or no review by the City. Along with this moratorium a study was completed. The study identified the following three options to allow the City to have some control over the removal of . single-family homes: " Create a new exclusive zoning district @ Require conditional use permits for institutional uses that wish to undertake new construction or expand ~ A combination of the above two approaches At the October 1999 Zoning & Planning Commission meeting, the Commission approved a zoning ordinance amendment establishing a modified conditional use permit process regulating the expansion of institutional uses within residential districts. When the zoning ordinance amendment went to the City Council for approval or denial, the item was referred back to the Commission. The reason for this action was so that staff could update the Commission on the discussion the Council had recently, whereby there seemed to be a consensus that a combination approach combining the exclusive use district and the conditional use permit process would provide the best protection to the City. At the November 1999 Zoning and Planning Commission meeting the Commission asked the staff to draft an ordinance requiring a conditional use permit and an exclusive use district process for the removal of single family homes. This action would also require the existing institutional . uses in the R-l district to be rezoned. At the January 1999 Planning Commission meeting, the Commission continued this item until after the joint meeting on February 22. An ordinance was drafted by staff that would require a CUP and a rezoning. This ordinance is attached and also the conditional use permit ordinance. \ . II. ORDINANCE REQUIREMENTS FOR AN EXCLUSIVE INSTITUTIONAL DISTRICT. Currently churches and schools are a conditional use within all residential districts. Churches and schools in R-I districts will be removed from the existing ordinance language that requires a conditional use permit and rezoned to institutional. If an institutional use wants to expand, the property for the expansion would have to be rezoned. After the property was rezoned, a conditional use permit would have to be applied for if an institutional use would remove single family home(s). The conditional use permit ordinance that the Commission forwarded to the City Council are the conditions that would have to be meet. , III. AFFECTED PROPERTIES. If the zoning amendment is approved to require an exclusive institutional zone, the following are the properties that would be rezoned from an R-I zoning to institutional: 1. Blake School 2. Alice Smith School 3. Harley Hopkins Family Center e 4. Eisenhower Community Center 5. 81. John's Evangelist Catholic Church 6. Congregation Bet Shalom 7. Hopkins United Methodist Church 8. Zion Lutheran Church IV" OTHER OPTIONS. Two other options that the City Council and Commission should consider are the following: 1. Put all other institutional uses in the R-2 through R-6 zoning districts in the institutional zoning. This would include Chapel View, a nursing home. The following would be included in the institutional zone, in addition to the above list: a) Katherine Curren School b) St. Joseph's Catholic Church c) Chapel View d) Mizpah United Church of Christ e) Gethsemane Lutheran Church . . 2. Put all institutional uses throughout the City in an institutional zoning. This zoning would . put the following additional uses in the institutional district: a) Living Waters b) Church on Excelsior c) Hopkins Health Care Y~RECOMMENDA TION. If the goal of the City Council and Planning Commission is to regulate the removal of single family homes, the conditional use permit ordinance will accomplish this goal. If the goal of the City Council and Planning Commission is to regulate ,and control the removal single family homes, the combined approach of the rezoning and the conditional use permit will accomplish this goal. Attached is the proposed ordinance that will rezone schools and religious institutions in R-l zoning districts to an Institutional Zonil1g District and the proposed ordinance that will regulate the removal of homes with the conditional use permit procedure. e . 1 CITY OF HOPKINS . Hennepin County, Minnesota ORDINANCE NO. 99-833A AN ORDINANCE AMENDING THE ZONING ORDINANCE That the Hopkins City Code sections 530 and 525 be, and the same are hereby amended by, amending, deleting and adding the following section, paragraphs and subdivisions: 530.09. Conditional uses within the R district. Subdivision 1. The following are conditional uses in R zoning district and certain of the standards, restrictions and requirements applicable to such conditional uses: 530.09 Subdivision. 1 a) Any church or place of religious worship and all structures, facilities and physical improvements incident or accessory thereto. The front yard setback for such a conditional use shall be the same front yard setback stated in Section 530.05 of this ordinance for permitted uses in the zoning district in which the conditional use is located. The side and rear yard setbacks for any such conditional use shall be no less than 35 feet from its side and rear property lines. 530.09 Subdivision 1 f) Off-street parking for abutting B or I uses provided: e L Such parking may be extended the width of three contiguous lots or 150 feet whichever is less onto land which is zoned for residential use~ 2. The land is under the same ownership or control as the abutting B or I uses land which is to be served~ 3. Said parking is not located between two existing abutting dwelling units subject to conformance with parking lot standards in the code; and 4. Such off-street parking shall otherwise be subject to the standards and requirements stated in Section 525.13 ofthese ordinances. 530.09 Subdivision 1 u) Off-street parking lots, parking facilities. and driveways ancillary to or to be used as an accessory use for any conditional use within an R-l district. 530.09 Subdivision 1 v) Any expansion, enlargement or modification of an existing use which is the type of use designated as a conditional use in a residential zoning district. that will result in the demolition or removal of a dwelling unit, shall be a conditional use requiring a Conditional Use Permit. All conditional uses shall be allowed only upon compliance with and fulfillment of all the standards. conditions and requirements stated in Section 525.13 of the Hopkins Zoning Ordinance. 525.13 Subdivision. 15 Standards, In evaluating a Conditional Use Permit application and granting a Conditional Use Permit, the Planning Commission and City Council shall consider . and require its compliance with the following standards. conditions and requirements: 525. 13 d 4 Vehicular traffic generated by a use shall be ohanneled and controlled in a manner '""hich '.'till a'v'oid congestion or interferenoe with other yehioular transportatiorJ. systems or . . -.--- - -.-. r pedestrian traffic and '.'Ihich will avoid creating traffic hazards or excessive traffic through residential areas. The adequacy of any proposed traffic circulation system to accomplish these . objectives shall be determined by the City, which may require such additional measures for traffic control as it may deem necessary, including but not limited to the following: direotiefla:l signalization, channelization, standby turn lunes, sidc'.Yalks, removal of access points, and moving of access points. 525.13 Subd. 15. h) traffic impacts such as increases in vehicular traffic. changes in traffic movements. traffic congestion. interference with other transportation systems or pedestrian traffic, and traffic hazards shall be considered by the Planning Commission and City Council in evaluation an applicant for a Conditional Use Permit. The applicant shall demonstrate the proposed conditional use shall not cause unacceptable increases in vehicular traffic. traffic congestion or interference with other transportation systems or pedestrian traffic. and will not create traffic hazards or excessive traffic through residential areas or otherwise cause adverse effects on residential areas or dwellings. The City may require the applicant to submit a traffic study prepared by a traffic consultant approved by the City to demonstrate the applicant's compliance with the requirements of this paragraph. As a condition of the issuance of a Conditional Use Permit. the City may require the applicant to incorporate in the applicant's oroposal and construct such traffic control measures and improvements as the City may deem necessary, including, but not limited to directional signalization, channelization. stand-by turn lanes. sidewalks, removal of access points to public streets and moving of access points to public streets. 525.13 Subd. 15. i) in addition to the standards, conditions and requirements stated elsewhere -- in this Section 525.13, no Conditional Use Permit shall be granted for a conditional use within an R-l district unless the applicant has demonstrated compliance with the following standards, conditions and requirements. 1) In R--l zoning districts, the side and rear yard setbacks for any structures, buildings or improvements constituting a part of or accessory to a conditional use shall be the greater of: aa) The side and rear yard setbacks specified in Section 530...09. subd. 1, a, of the Hopkins Zoning Ordinance: bb) The setbacks applicable to such conditional use in zoning district(s) in which such use is a permitted use: cc) Two times the setback specified for the pennitted uses in R-l zoning districts. 2) The removal of a dwelling unit whether attached or detached. shall not change the character of the neighborhood. Wherever such a dwelling is removed it shall be replaced by a use that is compatible in size, scale, orientation to the street and architectural character with adiacent properties and dwellings. The Planning Commission and City Council shall apply the requirements of this ordinance to i!QY lot or parcel of land from which a dwelling is to be removed or . has been removed by or on behalf of the applicant at any time prior to the date of the application for the Conditional Use Permit 3) Any structure. building or other improvement constituting part of / \ or accessory to a conditional use that lies directly across the street . from a dwelling or dwellings shall be architecturally compatible. in scale with and oriented consistent with existing dwelling units. If the existing dwelling units adjacent to or in the vicinity of the conditional use face the street. any structures. buildings or improvements related to the conditional use must also orient to the street. Green space. yards or landscaped parking lots are acceptable if an existing park or open space is adjacent to or across the street form the proposed conditional use. New or expanded existing parking lots across the street from existing dwellings are not acceptable because they are inconsistent with the existing character of the neighborhood. except that a parking access drive not exceeding 24 feet in width may be permitted across the street from existing dwellings provided the landscaping and screening requirements of this ordinance are met. In order to evaluate the application for a Conditional Use Permit and its compliance with this paragraph. the City may retain an architect or city planner. at the applicant's expense. to evaluate the proposed conditional use and submit a study or report to the City stating the architect or planner's opinions and recommendations relating to the compliance of the proposed conditional use with the requirements of this paragraph. 4) If a new or expanded existing parking lot or access drive is tit permitted under the provisions of the preceding paragraph, and such new or expanded parking lot or access drive abuts or is across the street from an existing dwelling or dwellings. there shall be a landscaped butTer area within the required setback of at least 15 feet in width. ButTer areas shall be planted with a mixture of not less than 50% coniferous plantings to facilitate year-round screening. and berming may also be required for screening purposes. Additionally. screening and buffering shall be required in accordance with Section 550.01 of this ordinance except that fence shall be permitted along street frontages. j) the proposed use shall also comply with all federal. state and murucipallaws. statues. codes and ordinances and the standards and policies of the City in effect at the time of submission of the applicant for a Conditional Use Permit. The City may require the applicant at the applicant's expense. to submit studies. plans and reports. from consultants approved by the City to demonstrate compliance of the proposed conditional use with an such laws. statutes. codes. ordinances. standards. and policies. . - -------------- ... -.- ... I. First Reading: xxxx 00, 2000 . Second Reading: xxxx 00,2000 Date of Publication: xxxx 00, 2000 Date Ordinance Takes Effect: xxxx 00, 2000 Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPRUVED AS TO FORM AND LEGALITY: City Attorney Signahlre Date tit . .------- . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 99-833B AN ORDINANCE AMENDING THE ZONING ORDINANCE That the Hopkins City Code sections 520, 525 and 530 be, and the same are hereby amended by, amending, deleting and adding the following section, paragraphs and subdivisions and that the following Section 542 is also hereby adopted and added: 520.13 Subd. 10. Institutional district fences. In an Institutional district no boundary line fence shall be erected or maintained more than four feet in height except that: a) Fences along any property line that abuts a parking lot may exceed four feet but shall not exceed six feet in height; 525.13 Subdivision. 15 Standards, In evaluating a Conditional Use Permit application and granting a Conditional Use Permit, the Planning Commission and City Council shall consider and require its compliance with the following standards. conditions and requirements: e 525. 13 d 4 Vehicular traffic generated by 11 use shall be channeled and controlled in a manner ""wch '.'{ill 8'/oid congestion or interference '.':ith other vehicular transportation systems or pedestrian traffic and which v/ill nv-oid creating traffic hazards or eKecssivc traffic through residential areas. The adequacy of any proposed traffic circulation system to accomplish thesc objectives shall be determined by the City, '.vhioh may require such additional measures for traffio oontrol as it may deem flecessary, including but not limited to the following: directional signalization, ohannelization;---stlilldby turn lanes, sidcv,alks, removal of access points, ood mo':iflg of access points. 525.13 Subd. 15. h) traffic impacts such as increases in vehicular traffic, changes in traffic movements. traffic congestion. interference with other transportation systems or pedestrian traffic. and traffic hazards shall be considered by the Planning Commission and City Council in evaluation an applicant for a Conditional Use Permit. The applicant shall demonstrate the proposed conditional use shall not cause unacceptable increases in vehicular traffic. traffic congestion or interference with other transportation systems or pedestrian traffic. and will not create traffic hazards or excessive traffic through residential areas or otherwise oause adverse effects on residential areas or dwellings. The City may require the applicant to submit a traffic study prepared by a traffic consultant approved by the City to demonstrate the applicant's compliance with the requirements of this paragraph. As a condition of the issuance of a Conditional Use Permit. the City may require the applicant to incorporate in the applicant's proposal and construct such traffic control measures and improvements as the City may deem . necessary. including. but not limited to directional signalization. channelization. stand-by turn lanes. sidewalks. removal of access points to public streets and moving of access points to public . streets. 525.13 Subd. 15 g) In Institutional Zoning Districts. the Conditional Use Permit application shall comply with the standards, conditions and requirements stated in Section 542.03 of this Ordinance. ~ Subdivision 1 a) Churches any house of worship or church structure which provides space for more than 20 persons at 'Norship shall be located not less than 35 feet from any of its side a.nd rear lot lines. 530.09 Subdivision. 1 a) Within the R-2 - R-6 districts any church or place of religious worship and all structures. facilities and physical improvements incident or accessory thereto. The front yard setback for such a conditional use sha,ll be the same front yard setback stated in Section 530.05 of this ordinance for permitted uses in the zoning district in which the conditional use is located. The side and rear yard setbacks for any such conditional use shall be no less than 35 feet from its side and rear property lines. -830.09 Subdivision 1 d) Public or ~alent private schools provided no buildings are located less than 50 feet from any lot line and that a fence is erected along the boundary line which is ;;ommOfl -,'lith abutting private property. 530.09 Subdivision 1 d) Within the R-2 - R-6 districts Dublic or equivalent private schools provided no buildings are located less than 50 feet from any lot line and that a fence is erected along the boundary line which is common with abutting private property. e 530.09 Subdivision 1 f) Off-street parking for abutting B or I uses provided: 1 Such parking may be extended the width of three contiguous lots Of 150 feet whichever is less onto land which is zoned for residential use; 2. The land is under the same o'Nllership or control as the abutting B or I uses land which is to be served; 3. Said parking is not located between two existing abutting dwelling units subject to conformance with parking lot standards in the code; and 4. Such off-street parking shall otherwise be subiect to the standards and requirements stated in Section 525.13 of these ordinances 530.09 Subdivision 1 u) Off-street parking lots. parking facilities. and driveways ancillary to or to be used as an accessory use for any conditional use within an institutional district. 530.09. Subdivision 1 v) One-family detached dwellings and two family detached dwellings are permitted in the Institutional district but subject to all provisions of 530 applicable thereto. . . Section 542 Zoning: Institutional Districts 542.01. Conditional uses within the Institutional district. Subdivision 1. The following are conditional uses in Institutional zoning districts and certain of the standards. restrictions and requirements applicable to such conditional uses: . Schools and all structures. facilities and physical improvement incident or accessory thereto. . Religious Institutions and all structures. facilities and physical improvement incident or accessory thereto. 542.02 Any expansion. enlargement or modification of an existing institutional use that will result in the demolition or removal of a dwelling unit shall be a conditional use requiring a Conditional Use Permit. All conditional uses shall be allowed only upon compliance with and fulfillment of all the standards. conditions and requirements stated in Section 542 of the Hopkins Zoning Ordinance. 542.03 Area and Yard Limitations e Conditional Uses permitted in any Institutional district are subject to the following minimum floor and lot area. minimum lot width. yard and setback requirements. and maximum building heights. Front yard 35 feet Side yard 35 feet Rear yard 35 feet Minimum Lot Size 20.000 square feet Lot width 100 feet % Building Coverage 35% of lot area Maximum building height 35 feet 542.04 Subd. 1. a) in addition to the standards, conditions and requirements stated elsewhere in Section 525.13. no Conditional Use Permit shall be granted for a conditional use within an Institutional district unless the applicant has demonstrated compliance with the following standards, conditions and requirements. 1. The removal of a dwelling unit. whether attached or detached, shall not change the character of the neighborhood. Wherever such a dwelling is removed it shall be replaced by a use that is compatible in size. scale. orientation to the . street. and architectural character with adjacent properties and dwellings. The -------- Planning Commission and City Council shall apply the requirements of this . ordinance to any lot or parcel of land from which a dwelling is to be removed or has been removed by or on behalf of the applicant at any time prior to the date of the application for the Conditional Use Permit 2. Any structure. building or other improvement constituting part of an institutional use that lies directly across the street from a dwelling or dwellings shall be architecturally compatible. in scale with and oriented consistent with existing dwelling units. If the existing dwelling units adjacent to or in the vicinity of the institutional use face the street. any structures. buildings or improvements related to the institutional use must also orient to the street. Green space, yards or landscaped parking lots are acceptable if an existing park or open space is adjacent to or across the street from the institutional use. New or expanded existing parking lots across the street from existing dwellings are not acceptable because they are inconsistent with the existing character of the neighborhood. except that a parking access drive not exceeding 24 feet in width may be permitted across the street from existing dwellings provided the landscaping and screening requirements of this ordinance are met. In order to evaluate the application for a Conditional Use Permit and its compliance with this paragraph. the City may retain an architect or city planner. at the applicant's expense. to evaluate the proposed conditional use and submit a e study or report to the City stating the architect or planner's opinions and recommendations relating to the compliance of the proposed institutional use with the requirements of this para~. J. [f a new or expanded existing parking lot or access drive is permitted under the provisions of the preceding paragraph, and such new or expanded parking lot or access drive abuts or is across the street from an existing dwelling or dwellings, there shall be a landscaped buffer area within the required setback of at least 15 feet in width. Buffer areas shall be planted with a mixture of not less than 50% coniferous plantings to facilitate year-round screening. and berming may also be required for screening purposes. Additionally. screening and buffering shall be required in accordance with Section 550.01 of this ordinance except that fence shall be permitted along street frontages. j\ the proposed use shaH also comply with all federal. state and municipal laws. statues. codes / and ordinances and the standards and policies of the City in effect at the time of submission of the applicant for a Conditional Use Permit. The City may require the applicant at the applicant's expense. to submit studies, plans and reports. from consultants approved by the City to demonstrate compliance of the proposed conditional use with all such laws. statutes. codes, ordinances. standards, and policies. . . 570.40 Permitted signs: Institutional Districts. The signage for institutional districts shall conform to section 570.46. First Reading: xxxx 00, 2000 Second Reading: xxxx 00, 2000 Date of Publication: xxxx 00, 2000 . Date Ordinance Takes Effect: )(XXX 00, 2000 Eugene J. Maxwell, Mayor ATTEST: . Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date . - .-----.---- ... ---